|Civil Appeal 16 of 2010
|SULEIMAN AMUKOYA SHIKHAYA v SHABAN TABU SHIKHAYA
|08 Dec 2011
|High Court at Kakamega
|Beatrice Thuranira Jaden
|SULEIMAN AMUKOYA SHIKHAYA v SHABAN TABU SHIKHAYA  eKLR
|The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information
IN THE HIGH COURT OF KENYA
CIVIL APPEAL NO. 16 OF 2010
J U D G M E N T
2. The appeal is premised on the grounds:-
(ii) That the Provincial Land Disputes Tribunal erred in law in upholding the decision of Mumias Land Disputes Tribunal when the same was ultra vires.
3. Mr. Musiega, Counsel for the Appellant argued all the three grounds of the appeal together. He argued that the Tribunal ordered that the land be subdivided and one acre transferred to the Respondent. That this presupposes cancellation of title to the land. That the father to the parties herein had since passed on and therefore the Tribunal was dealing with a Succession matter. That the disputed land is a first registration under the Registered Land Act (RLA) and the Tribunal therefore did not have jurisdiction to deal with it.
4. The decision made by the Provincial Land Disputes Appeals Tribunal Committee upheld the decision by the Mumias Land Disputes Tribunal. The Mumias Land Disputes Tribunal ordered as follows:-
5. The subdivision of the land and the transfer of one acre of the same is clearly outside the powers conferred on the Tribunal under the Land Disputes Tribunal Act which stipulates as follows:-
(a) The division of, or the determination of boundaries to land, including land held in common.
(c) Trespass to land.
6. What was before the tribunal for determination was the issue of validity of the title held by the appellant. It is a matter that ought to have been dealt with as provided for under S. 159 of the Registered Land Act (RLA).
9. The appeal has merit and is allowed. The decision of Mumias Land Disputes Tribunal No. 2/2009 and the Western Provincial Appeals Committee No. 45/09 regarding Title No. SOUTH WANGA/EKERO/2491 are both set aside.
11. Orders accordingly.
Delivered, dated and signed in open court on the 8th day of December, 2011.